Hackney v. Alleghany County Mutual Insurance
Supreme Court of Pennsylvania
In error from the Common Pleas of Warren county. Oct. 5. The facts of the case are fully stated in the opinion of the court here. cited Hugh, on Ins. 265; 7 Watts & Serg. 348 ; Ellis on In's. 2; Story on Agency, sec. 132 ; 4 Rawle, 294; 8 Watts, 392. The agency was limited to receive applications and notes, (5 Watts & Serg. 548,) not to make agreements or statements. The defendant was bound to know where the company insured. 2 Penna.
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In error from the Common Pleas of Warren county. Oct. 5. The facts of the case are fully stated in the opinion of the court here. cited Hugh, on Ins. 265; 7 Watts & Serg. 348 ; Ellis on In's. 2; Story on Agency, sec. 132 ; 4 Rawle, 294; 8 Watts, 392. The agency was limited to receive applications and notes, (5 Watts & Serg. 548,) not to make agreements or statements. The defendant was bound to know where the company insured. 2 Penna. Rep. 470. Such statements are not binding, the application being in writing. 6 Peters, 51; 4 Cow. 646.
1Opinion of the CourtBurnside, J.
This was an action of assumpsit on a premium note, dated the 9th of December, 1844, by which the plaintiff in error promised to pay the Alleghany County Mutual Insurance Company the sum of $96, in such portions and at such times as the *186directors of tbe company may, agreeably to their act of incorporation, require. The destructive fire in the'city of Pittsburgh, on the 10th of April, 1845, exhausted all the funds of the company. They required payment of all their insurance notes. On the 3d July, 1844, the company constituted Z. H. Eddy their agent, by the following certificate, viz. :•
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